Disputes

Created by: antonia1995
Created on: 09-05-18 11:54

Negotiation is...

conferring w/ others to reach a compromise/agreement. most frequent method to resolve disputes

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Mediation is....

informal, parties are assisted by 1+ neutral 3rd party to reach a settlement. voluntary, non-binding, private. CEDR used

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expert determination is...

where the parties instruct an expert 3rd party to decide an issue. used when there is a provision in the contract. decision is binding,

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adjudication is...

where there is a 3rd party makes a binding decision, Housing Grants, Construction and Regeneration Act 1996 introduced the right for one party in a construction contract to call on an adjudicator.

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Housing Grants, Construction and Regeneration Act 1996 states....

Enable a party to give notice at any time of his intention to refer a dispute to adjudication;require the adjudicator to reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred

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Arbitration is.....

private, formal, disputes are determined by a chosen tribunal, final and binding,

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Litigation is.....

the most traditional method of dispute resolution, has high costs, long time + procedures. Governed by county n high court and courts of appeal

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advantages of arbitration over litigation....

* Flexible * Economical * Fast * Private * Freedom to choose the arbitrator * Finality of the decision

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Other cards in this set

Card 2

Front

Mediation is....

Back

informal, parties are assisted by 1+ neutral 3rd party to reach a settlement. voluntary, non-binding, private. CEDR used

Card 3

Front

expert determination is...

Back

Card 4

Front

adjudication is...

Back

Card 5

Front

Housing Grants, Construction and Regeneration Act 1996 states....

Back

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Disputes